Investigating Officer, ACP Pote of ATS today tendered an application under section 169 of Criminal code praying the court to discharge Faquee as no chargeable evidence could be collected against him during two and half months of investigation.

“Abdul Mateen be please discharged from the case under section 169 of CrPC as the evidence collected against him during the course of investigation is not sufficient to submit charge sheet against him, ” ATS told special court in the application.

The special judge Y.D. Shinde accepted the application and without any argument ordered for Faquee’s discharge from the case and directed Mumbai Central Prison, where Faquee is presently imprisoned, to immediately release him from prison if he is not required in any other case.

In its order, a copy of which is available with TCN, special court also ordered ATS to return Faquee’s passport and mobile seized during his arrest.

Speaking with TwoCircles.net Faquee’s defense lawyer Sharif Shaikh said, “We have been urging the court for his release ever since his arrest as ATS never had any evidence against him. We are happy that his innocence has been proved without a trial but (at the same time) feel sad for the unwarranted blame of being a terrorist he had to carry till now which has blurred his and family’s reputation”.

“Tracking the record of Maharashtra ATS we never expected such an application of discharge from it and were rather anticipating charge sheet of some sort to substantiate ATS claim”, he added.

On questioning what reasons did ATS provide to court while asking for multiple extensions of Faquee’s custody since last two and half months, he said, “They used to submit in the remand application that they have secret information of his involvement in the case and hence they need time for further investigation”.

Faquee was arrested on 14th July from Goa airport when he landed there from Dubai. He was going to his hometown, Bhatkal, after almost five years. According to the Goa police, Faquee had arrived at Dabolim Airport with a 15-member group from Dubai on 14th July 2014 afternoon. Sleuths of the Bureau of Immigration (BoI) and airport police identified and detained him. He was then handed over to Maharashtra ATS who in turn arrested him for 13/7 serial blasts case.

During his arrest ATS alleged Faquee had supplied Rs 10 lakh to alleged IM co-founder Yasin Bhatkal through hawala channels that was used for carrying out the attacks. Following the blasts, he allegedly fled to Dubai, and a look-out notice was issued in 2013 for him, after his name cropped up in connection with funding IM for carrying out the blasts at Dadar, Opera House and Zaveri Bazaar that killed 27 people and injured 130.